Wisconsin residents finally regain their Second Amendment rights

posted at 5:00 pm on June 23, 2011 by MadisonConservative

This leaves Illinois as the only state without any legal concealed carry legislation, and a few states that need seriously improved laws(New York, New Jersey, California, Hawaii, and a couple of others).

The GOP-controlled Assembly approved the bill on a bipartisan vote of 68-27.
The Senate backed the bill last week on a 25-8 vote, and the measure now goes to Walker, who supports it, for his signature.
Wisconsin would become the 49th state to legalize the carrying of concealed guns.
The legislation would require those who want to carry concealed firearms to obtain permits. It would allow people to carry concealed weapons in the state Capitol and other public buildings but not places like police stations and courthouses. Weapons also would be prohibited in buildings where posted notices bar them, and in places like Summerfest music festival at Milwaukee’s lakefront.

Ultimately, this is a victory with one casualty: Constitutional Carry. A couple of months ago, activists were energized at the concept that Wisconsin would join the rank of Alaska, Wyoming, Arizona, and New Hampshire in having pure Second Amendment freedom: open and concealed carry anywhere, without a permit. Sadly, this effort was undermined by local law enforcement and so-called “conservative” radio hosts like Charlie Sykes and Mark Belling on 620 WTMJ and 1130 WISN, with the help of milquetoast Jeff Wegner. They took the paranoid view that Constitutional Carry would lead to the cliche “wild west shootouts in the streets” that every anti-gun advocate talks about, yet somehow only materialize in places like Chicago, where they have the strictest gun laws. The chairman of Wisconsin Carry, Inc. claims he was refused airtime by Sykes himself, despite Sykes having called him out on the same show. Their damage to the fight to restore the rights of Wisconsin citizens will not go unforgotten.

Thankfully, it was Madison’s conservative host, Vicki McKenna, that kept the fight going even while Walker and members of the Wisconsin Senate and Assembly began to fold. Unfortunately, it wasn’t enough to keep them from deciding permits and minimal training would be necessary. The requirements are still significantly less stringent than a lot of states, but it was a blow to those who hoped that Wisconsin was taking a sharp turn to the right. Certain legal details regarding Castle Doctrine have yet to be hashed out, and the bill won’t even go into effect until four months after Walker signs it…but when it comes down to it, this is what many of us have been waiting years to come to fruition. Finally, the people of Wisconsin have the ability to defend their lives, their families, and their property.

A side note: unfortunately, the creation of the permit has further complicated the school zone issue, where in Wisconsin it is illegal to possess a firearm within 1000 feet of a school(which makes going through cities like Madison and Milwaukee into a sadistic game of hopscotch). While it is now legal to carry in your car without a permit, you MUST have a permit to carry within the school zone. It makes no-permit open carry both more accessible and more dangerous, in that you can now open carry in your car, but if you are pulled over in a school zone, you have to face the penalty for doing so. Basically it’s an attempt by some lawmakers to give the finger to open carriers, and impel them to buy the permits. Wisconsin liberals are a particularly potent kind of overlord.

This post was promoted from GreenRoom to HotAir.com.To see the comments on the original post, look here.

Congrats Madison Conservative- I know we’ve squabbled in the past but I’m sure you’re mostly pleased today with this news, as you should be. Hopefully one small step for Madison; one giant leap for Wisconsin! Now you all can work toward open carry.

Congratulations Wisconsin. Now start recognizing out of state permits, castle doctrine and stand your ground laws. Illinois is the only sh!thole left, what a surprise. Kansas has a fairly well written law as does Florida, try to copy the best of the best laws for your own.

Police work is often lionized by jurists and scholars who claim to employ “textualist” and “originalist” methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution’s ratification. The Framers contemplated law enforcement as the duty of mostly private citizens, along with a few constables and sheriffs who could be called upon when necessary. This article marshals extensive historical and legal evidence to show that modern policing is in many ways inconsistent with the original intent of America’s founding documents. The author argues that the growth of modern policing has substantially empowered the state in a way the Framers would regard as abhorrent to their foremost principles.

—

LAW ENFORCEMENT AS A UNIVERSAL DUTY

Law enforcement in the Founders’ time was a duty of every citizen.32 Citizens were expected to be armed and equipped to chase suspects on foot, on horse, or with wagon whenever summoned. And when called upon to enforce the laws of the state, citizens were to respond “not faintly and with lagging steps, but honestly and bravely and with whatever implements and facilities [were] convenient and at hand.“33 Any person could act in the capacity of a constable without being one,34 and when summoned by a law enforcement officer, a private person became a temporary member of the police department.35 The law also presumed that any person acting in his public capacity as an officer was rightfully appointed.36

The school zone issue is strange. When I grew up in Columbus, Ohio in the late 60s, early 70s, we used to brings guns to my suburban Catholic school in the trunks of the cars to go hunting after school. No one thought anything of it. Of course, most of the nuns grew up in rural Southeastern Pa.

I remember when we got “Controlled Carry” here in Florida, it was said there would be shootouts in the streets. Needless to say, Florida did not become the “Wild West”, but safer because the Thugs never know who is packing and think twice about who to attack on the street. Congratulations Wisconsin!

Just a quick correction: New Hampshire doesn’t have pure 2nd amendment freedom. The legislature passed a good Castle Doctrine bill yesterday by a veto-proof majority, but the compromise stripped out the provision that would have eliminated the need for a carry permit.

I’m wondering what is going to happen, as the TSA begins expanding searches to bus stations, trains and the highways, (which they have this past week) … what it’s going to be like the first time some TSA stooge pats down some guy legally carrying. I can imagine what is going to happen…. the TSA guy screams “He’s got a gun!” Even if the law abiding citizen informs TSA ahead of time, “He’s got a gun!” is going to be standard operating procedure.

Nelsen proclaims his broad ignorance about football during the year the THIRTEEN TIME WORLD CHAMPION GREEN BAY PACKERS are finding proper display locations for their SUPER BOWL RINGS!

As stated by RedMindBlueState, we in NH have a concealed carry permit requirement but it is accompanied by what is generally a ‘must issue’ law.
In other words, very hard to deny.
Congrats to WI on the law changes, and let’s make REPEAT the goal in Green Bay!

I’m wondering what is going to happen, as the TSA begins expanding searches to bus stations, trains and the highways, (which they have this past week) … what it’s going to be like the first time some TSA stooge pats down some guy legally carrying. I can imagine what is going to happen…. the TSA guy screams “He’s got a gun!” Even if the law abiding citizen informs TSA ahead of time, “He’s got a gun!” is going to be standard operating procedure.

JellyToast on June 23, 2011 at 5:43 PM

I was thinking about that this morning. Volatile situation to be sure when the TSA tries to get out there on the open road and randomly stop people at roadblocks.

I predict a massive shootout, maybe several, then the TSA will cower back in airport terminals where they are ‘safe’.

Does anyone in the USA, going to the grocery store, work, the gym, want to be stopped at any hour of the nite or day and be given a PAT DOWN by the TSA?????

Yeah, I’ve seen a lot of those on the streets of Cheyenne and Laramie – not.

I checked the SchoolShooting.org site, and tried to compare the open carry states with everyone else. Frankly, there really aren’t enough school shootings to be able to tell.

New Hampshire has had one, Wyoming one, Alaska zero, and Arizona 5. For Arizona, one was domestic violence, a man killing his estranged wife and himself, the rest were gang-related, most of them Hispanic. I suspect that with stronger border control, most of those wouldn’t have happened.

Does anyone really think that criminals intent on shooting kids in school would have obeyed the carry laws anyway? Not likely.

Congratulations Wisconsin. Now start recognizing out of state permits, castle doctrine and stand your ground laws. Illinois is the only sh!thole left, what a surprise. Kansas has a fairly well written law as does Florida, try to copy the best of the best laws for your own.

MJZZZ on June 23, 2011 at 5:08 PM

One of those was already addressed – out-of-state permits from states that have similar permitting requirements as Wisconsin (which is based on Florida’s concealed-carry law) will be valid in Wisconsin.

I can’t understand why we here in Texas of all places don’t yet have no permit CC or better yet open carry. I keep a piece in the car at all times, but I refuse to pay for the privilege of filling out a bunch of paperwork, sitting in a class to “learn” how to safely handle something I grew up handling, and then being subjected to an in depth check on my by who knows who. No thanks, until they do away with the permit BS I’ll just have to leave mine in the car…and be prepared to sue the shiite out of the gov for not protecting me while I was away from my car.(Yes I know you can’t sue the gov. for that…and that brings up another rant entirely!Hah!)

We were stationed in Virginia a few years back. Had to move due to military orders. We live in my husband’s hometown, and he’s getting out in a week. I wish we could move back south of the Potomic, but with the likelihood of where my husband will be working (Ft. Meade), the commute would be killer. Le sigh.

We’ve got the Cubs, Quinn and no concealed carry. Illinois, leading from behind.

Fallon on June 23, 2011 at 6:32 PM
And no death penalty! Quinn, Durbin, Madigan, Mayor Rahm running businesses out of the State and welcoming Fleabaggers and criminals with open arms!! Hmmm… were did Obama keep a Senate seat warm?

Here in Maryland, I can only be jealous. Although, I’ll take solace in the fact that we still have it better than Illinois.

Anna on June 23, 2011 at 6:19 PM

QFT. Any place where an emotionally traumatizing event is more justification for packing concealed than years of weapons training needs some serious work.

And yes, being a victim of physical or sexual assault is more likely to get you a CCW Permit than years of military training. I’ve already been turned down for my concealed carry permit. I can try against next calender year.

Actually, this came out of the Green Room; note the green title, the MadisonConservative name in the byline, and the link back to the original Green Room post.

Steve Eggleston on June 23, 2011 at 6:33 PM

I was kidding MadCon a little. When an article in the main blog covers a topic a Green Room writer has written about, he’ll often post a link back to the Green Room post (if it’s not linked to in the main blog, which it isn’t always).

I thought I covered it with the “Seriously though” in the next line, but no one ever accused me of having a particularly awesome sense of humor ;)

Just a quick correction: New Hampshire doesn’t have pure 2nd amendment freedom. The legislature passed a good Castle Doctrine bill yesterday by a veto-proof majority, but the compromise stripped out the provision that would have eliminated the need for a carry permit.

RedMindBlueState on June 23, 2011 at 5:30 PM

You forgot Vermont.

Socratease on June 23, 2011 at 5:32 PM

Ugh, sorry. I always get NH and Vermont mixed up as to which has Constitutional Carry.

Unfortunately, it wasn’t enough to keep them from deciding permits and minimal training would be necessary. The requirements are still significantly less stringent than a lot of states, but it was a blow to those who hoped that Wisconsin was taking a sharp turn to the right.

Wouldn’t be too depressed over this. Arizona has had open carry for a long time, but only last year passed Constitutional Carry for concealed carry. These things take time.

You are going to have a breathless media looking for something that will make the law look bad. First case of a use of a firearm will be attempted to be portrayed as “wild west shootout”.

After crime numbers don’t go up (probably will go down), and there is not open gunplay, the libs will be shown for the fools they are and then more freedom can be pushed.

We’ve got the Cubs, Quinn and no concealed carry. Illinois, leading from behind.

Fallon on June 23, 2011 at 6:32 PM

When the Cubs are the least offensive thing about Illinois, you know you’ve got problems (native of Galesburg and believer that Ron Santo got hosed). As a Hoosier for the past three decades, I’m mostly happy with our shall-issue licensed open carry system although I still choose to carry concealed (I just hate it when people stare at me – I can’t get past that).

Ultimately, this is a victory with one casualty: Constitutional Carry. A couple of months ago, activists were energized at the concept that Wisconsin would join the rank of Alaska, Wyoming, Arizona, and New Hampshire in having pure Second Amendment freedom: open and concealed carry anywhere, without a permit.

But as the supreme said, some restrictions are legal. And this would easily be one of them. GOOD for Wisconsin residents. It’s about DAMN time this happened, as long as it SHAL-ISSUE.

49 other states may have this, but only 38 or so of them actually ISSUE the license, the rest wont unless your chuck schumer, or have a NEED.

Open-carry? Thats just dumb for an average person to do. Unless you are working as a security guard, an officer on duty etc, open-carrying your gun so everyone can see it, removes the element of surprise and makes you an immediate target.

Criminals don’t open-carry their guns for the same reason, SURPRISE, so why would anyone want to, other than those ” on duty ” as stated above, want to have a target on their back?

Open-carry? Thats just dumb for an average person to do. Unless you are working as a security guard, an officer on duty etc, open-carrying your gun so everyone can see it, removes the element of surprise and makes you an immediate target.

tx2654 on June 24, 2011 at 12:37 PM

That’s your opinion. Meanwhile, until now, open carry has been the only legal way to carry in the State of Wisconsin, and many, including myself, have been open carrying for a while. If not for the open carry movement over the last few years, we would likely not have gotten this far. So, no, open carry is not “dumb” in any way, though I do realize some people hold this incredibly elitist view.